Due diligence when buying real estate in Turkey
Due Diligence is a mandatory legal review of a real estate property that the buyer conducts before signing a contract and before transferring any funds. Under Turkish law, the principle of “funds only after documents” is not a recommendation but the only way to protect an investment. Turkey’s system of registering real estate rights is fully registry-based: the only legally material facts are those recorded in official government registries, not what is promised verbally or reflected in marketing materials.
Any real estate property in Turkey must have three key documents: TAPU (title deed), İmar (construction permit), and İskan (occupancy permit). In addition, it is necessary to verify the absence of İpotek — pledges, mortgages, and encumbrances registered in the land registry. The absence of, or any inconsistency in, any of these documents is grounds to refuse the transaction or to renegotiate it.
Block 1. TAPU — title deed
What is TAPU
TAPU (Tapu Senedi) is an official document confirming ownership rights to real estate or a land plot in Turkey. The document is issued and registered by the General Directorate of Land Registry and Cadastre (Tapu ve Kadastro Genel Müdürlüğü, TKGM). The only legally recognized owner is the person recorded in the TKGM registry — no verbal arrangements, preliminary agreements, or receipts create ownership rights.
What is checked in TAPU
| Parameter | What exactly is checked | Where to check |
| Seller’s identity | Matching the details in the TAPU with the seller’s passport | Land Registry Office (Tapu Dairesi) |
| Type of TAPU | Kat Mülkiyeti or Kat İrtifakı | TKGM registry |
| Property consistency | The area, floor, and apartment number match the offer | TKGM registry |
| Designation | Residential or commercial, and whether it matches the declared intended use | Land Registry Office |
| Encumbrances | Presence of İpotek, attachments/seizures, or court prohibitions | TKGM registry; online: parselsorgu.tkgm.gov.tr |
| Ownership share | Full ownership or shared/partial ownership | TKGM registry |
Types of TAPU: how they differ
In Turkey, there are two primary TAPU colors and two TAPU statuses, which have fundamentally different legal implications.
Blue TAPU relates to land plots and shared ownership. It does not confirm a right to a specific apartment; it only records a share in the common property. Such a document limits the owner’s rights when decisions are made regarding the sale or maintenance of the property, and mortgage financing for a property with a blue TAPU is not available.
Red TAPU confirms individual ownership rights to a specific property unit. The document specifies a particular unit (for example, “Apartment No. 3, Block A”) rather than a share. The red TAPU is the target document when purchasing an apartment or a house.
The status Kat İrtifakı means that the building is under construction or has not passed the commissioning/occupancy stage. This is acceptable when purchasing a property under construction; however, after completion of construction, the status must be changed to Kat Mülkiyeti — full ownership status confirming the existence of an İskan.
Who checks and when
TAPU is verified by a licensed lawyer or an agency before signing a preliminary contract and before paying a deposit. Independent verification can be performed on the portal parselsorgu.tkgm.gov.tr: basic information about the property is available by cadastral parcel number.
Key rule: if the agency or the seller avoids discussing the TAPU at an early stage of negotiations, this is a direct risk signal.
Block 2. İskan — occupancy permit
What is İskan
İskan (full name: Yapı Kullanma İzin Belgesi) is the technical passport of a real estate property, officially confirming that the building has been constructed in accordance with the project documentation, complies with construction standards, fire safety requirements, seismic resistance standards, and energy efficiency standards, and is ready to be connected to utility networks. The document is issued by the local municipality (Belediye) at the location of the property.
Under Law No. 3194 (İmar Kanunu), the developer is required to obtain an İskan within 5 years from the date the construction permit is issued. If this deadline is missed, the construction permit is annulled, and the building is legally considered incomplete.
What İskan confirms
İskan confirms that the property complies with the following requirements:
| Requirement | Regulatory basis |
| Compliance with construction standards | Law No. 3194 (İmar Kanunu) |
| Fire safety | Regulation on Fire Protection of Buildings |
| Seismic resistance | Türkiye Bina Deprem Yönetmeliği (TBDY 2018) |
| Compliance with the approved project | Project documentation |
| Readiness for connection to utility networks | Requirements of utility service providers |
Types of İskan
In Turkey, three types of İskan apply depending on the year the property was built:
Genel İskan (General) is issued for the entire building as a whole. It is mandatory for all properties built before 2020. A building without a Genel İskan is legally considered unfit for habitation.
Ferdi İskan (Individual) used to be issued separately for each apartment before 2020. It contains the address, number of rooms, area, and the owner’s details.
Toplu İskan (Collective) is a new format introduced for properties built after 2020. It is issued for the entire complex and includes the technical characteristics of all apartments. The processing time is 7–10 business days.
Risks of the absence of İskan
Purchasing a property without an İskan is not prohibited by law; however, it entails serious practical and financial consequences:
| Risk | Description |
| Inability to connect to utilities | Without an İskan, water, electricity, and gas cannot be connected under standard conditions |
| Higher tariffs | Utility services cost approximately twice as much |
| Reduced liquidity | Upon resale, the property price is significantly below market value |
| Legal incompleteness | The property is considered incomplete construction |
| Mortgage issues | Banks do not grant mortgages for properties without a properly issued İskan |
| Demolition risk | In certain cases, the municipality may require demolition of a building that is being used unlawfully |
Important: a Kat Mülkiyeti status in the TAPU indirectly confirms the existence of an İskan, because the transition from Kat İrtifakı to Kat Mülkiyeti is only possible after the occupancy permit has been obtained.
Block 3. İpotek — encumbrance check
What is İpotek
İpotek under Turkish law is a mortgage or pledge registered against a real estate property in the state registry. In addition to an İpotek, other encumbrances may be imposed on a property: an attachment/seizure (haciz), a court-ordered prohibition on disposal (ihtiyati tedbir), an easement (irtifak hakkı), or a right of first refusal/pre-emptive right (şufa hakkı). All such restrictions are recorded exclusively in the TKGM registry.
It is fundamentally important to understand that if a buyer acquires a property with an undiscovered İpotek, the buyer assumes the obligations associated with that debt. A seller may conceal an encumbrance; however, the registry contains complete and current information.
How the absence of debts is documented
The encumbrance check is carried out in several stages:
Step 1. Requesting an extract from the TKGM registry. A full extract (tapu kaydı) contains all registered rights, restrictions, and encumbrances associated with the property. It can be requested by the owner or by the owner’s authorized representative (a notarized power of attorney).
Step 2. Checking via the portal parselsorgu.tkgm.gov.tr. Basic information about the property is available online by the cadastral parcel number (parsel numarası).
Step 3. Checking for tax arrears. Arrears for real estate tax (emlak vergisi) are checked at the municipality or via the e-Devlet portal (turkiye.gov.tr). Unpaid tax obligations transfer to the new owner.
Step 4. Checking for utility arrears. Debts for water (İSKİ), electricity (BEDAŞ/AYEDAŞ), and gas (İGDAŞ) in Istanbul may also transfer to the buyer. Each provider issues a certificate confirming the absence of arrears.
Step 5. Checking arrears with the property management entity. Outstanding maintenance fees (aidat — payments to the homeowners’ association/property management) transfer to the new owner. The property management of the complex issues the relevant clearance certificate.
What is checked in the registry
| Type of encumbrance | Turkish term | Consequence for the buyer |
| Mortgage | İpotek | The buyer assumes the debt to the bank |
| Attachment / seizure | Haciz | The transaction may be challenged or blocked |
| Court prohibition | İhtiyati tedbir | Transfer of ownership is not possible |
| Easement | İrtifak hakkı | Restriction on the use of the property |
| Right of first refusal / pre-emptive right | Şufa hakkı | A third party has the right to purchase the property |
| Sale restriction (citizenship) | Şerh (vatandaşlık) | The property cannot be sold for 3 years |
Important: when purchasing a property for the purpose of obtaining Turkish citizenship, a notation (şerh) is automatically placed on the TAPU prohibiting resale for 3 years. This is not an encumbrance in the classic sense, but it substantially restricts the liquidity of the asset.
Client Checklist
The checklist below covers all mandatory verifications that must be completed before signing a contract and before transferring any funds, including a deposit.
Block A. TAPU verification
| # | Item | Status |
| A1 | A full extract from the TKGM registry has been obtained | ☐ |
| A2 | The seller’s details in the TAPU match the passport | ☐ |
| A3 | TAPU type is Kat Mülkiyeti (not Kat İrtifakı) | ☐ |
| A4 | TAPU color is red (individual ownership) | ☐ |
| A5 | The area, floor, and apartment number match the offer | ☐ |
| A6 | The property designation matches the intended use | ☐ |
| A7 | The cadastral plan has been checked on parselsorgu.tkgm.gov.tr | ☐ |
Block B. İskan verification
| # | Item | Status |
| B1 | A copy of the İskan (Yapı Kullanma İzin Belgesi) has been obtained | ☐ |
| B2 | The type of İskan corresponds to the year of construction (Genel / Ferdi / Toplu) | ☐ |
| B3 | The İskan was issued by the local municipality (Belediye) for the property address | ☐ |
| B4 | TAPU status is Kat Mülkiyeti (indirect confirmation of İskan) | ☐ |
| B5 | The property is connected to utilities (water, electricity, gas) | ☐ |
| B6 | An Energy Performance Certificate (Enerji Kimlik Belgesi) is available | ☐ |
Block C. İpotek and encumbrance verification
| # | Item | Status |
| C1 | No İpotek entries appear in the TKGM extract | ☐ |
| C2 | No attachments/seizures (Haciz) appear in the TKGM extract | ☐ |
| C3 | No court prohibitions (İhtiyati tedbir) appear in the TKGM extract | ☐ |
| C4 | A clearance certificate confirming no emlak vergisi arrears has been obtained | ☐ |
| C5 | A clearance certificate confirming no water (İSKİ) arrears has been obtained | ☐ |
| C6 | A clearance certificate confirming no electricity (BEDAŞ/AYEDAŞ) arrears has been obtained | ☐ |
| C7 | A clearance certificate confirming no gas (İGDAŞ) arrears has been obtained | ☐ |
| C8 | A clearance certificate confirming no aidat (maintenance fee) arrears has been obtained | ☐ |
Block D. Property and seller verification
| # | Item | Status |
| D1 | The agency holds a valid license (Emlak Yetki Belgesi) | ☐ |
| D2 | The seller is an individual or legal entity authorized to sell | ☐ |
| D3 | The construction permit (İmar) corresponds to the property | ☐ |
| D4 | The parcel zoning complies with residential designation | ☐ |
| D5 | The property is not located in a military or special-restriction zone | ☐ |
| D6 | The contract price corresponds to the valuation report (Ekspertiz) | ☐ |
| D7 | All payments are made through a bank with documentary evidence | ☐ |
Who conducts Due Diligence
A comprehensive legal review of a property requires the involvement of a licensed lawyer specializing in Turkish real estate law. This is due to the registry-based Turkish system, language barriers, and the specifics of local legislation, which make independent verification by a foreign buyer practically impossible without the risk of missing critically important information.
A licensed real estate agency (holding a valid Emlak Yetki Belgesi) is obliged to facilitate Due Diligence and is not entitled to exert pressure on the client in order to accelerate the signing of the contract before the review is completed. If an agency pushes for payment before all documents have been obtained, this is a direct indicator of bad faith.
REAL EAST provides full Due Diligence support for each property, including requesting extracts from the TKGM registry, verifying İskan and İpotek, and coordinating with the client’s lawyer.
Sources:
[1] Kaymaz Law Firm. Legal Due Diligence in Turkey [2026] – A Practical Guide for Foreign Investors. kaymaz.av.tr
[2] Bosphorus Brokers. Due Diligence Before Buying Property in Turkey. bosphorusbrokers.com
[3] CCT Investments. Correlation between Iskan and Kat Mulkiyet Tapu. cctinvestments.com
[4] Tapu ve Kadastro Genel Müdürlüğü. Parsel Sorgulama. parselsorgu.tkgm.gov.tr